"The right of member states to require a certain level of knowledge of their national language is not unconditional and must be proportionate and necessary for the job in

question," said the commission in a statement issued on June 25. "The general requirement for all foreign teachers to have an excellent knowledge of Greek independently of the framework in which they are exercising their profession and the scope of their teaching activities is considered disproportionate."

Now Greece has two months to amend the 1985 law. If it does not, the commission will refer the matter to the European Court of Justice.

According to the education ministry, the Greek-language exam is based on vocabulary and other material that is found in the Greek public school's Grade 9 (the first year of secondary school) grammar and essay textbook. The oral portion of the examination includes a series of questions about each candidate.

Critics say the legislation is being used to exclude them from a competitive and lucrative, multimillion-euro industry. Greek households spend 500 million euros each year on tuition fees for private-language frontistiria, according to the National Statistical Agency. A report published by the education ministry's pedagogical institute in 2005 says some 8,000 frontistiria operate in Greece.

Flashback

In 1997, the European Commission threatened Greece with financial penalties over the Greek certificate requirement for those wanting to open a frontistirio or to be a director or teacher in such schools. The commission issued the following statement: "Greece adopted in 1994 a decree concerning the setting up and running of frontistiria, which suppresses the explicit nationality clause. However, the 1994 decree still requires people directing, teaching in or setting up a private school to possess a certificate issued by the ministry of education concerning a person's knowledge of Greek language and history. To obtain the certificate, people must pass an examination set by the education ministry. The commission considers that this legislation does not adequately conform to the requirements of the court rulings, in so far as it continues to discriminate against nationals of other member states."